Administrative Review Tribunal Act 2024

PART 6 - PROCEEDINGS IN INTELLIGENCE AND SECURITY JURISDICTIONAL AREA  

Division 1 - Preliminary  

SECTION 135   OPERATION IN RELATION TO DECISION-MAKER  
When this section applies

135(1)    
This section applies:

(a)    in relation to a proceeding for review of an intelligence and security decision, other than an exempt security record decision; and

(b)    for the purposes of the operation of this Act in relation to the decision.

Person taken to be decision-maker - general rule

135(2)    

For a decision mentioned in column 1 of an item in the following table, the decision-maker is taken to be the person mentioned in column 2 of the item.

Who is taken to be the decision-maker
Item	Column 1 Decision	Column 2 Person taken to be decision-maker
1	Criminal intelligence assessment	The Chief Executive Officer of the Australian Crime Commission
2	Foreign acquisitions and takeovers decision	The Treasurer
3	(Repealed No 39 of 2024)
4	Security assessment	The Director-General of Security
5	Security clearance decision	The Director-General of Security
6	Security clearance suitability assessment	The Director-General of Security

Exceptions

135(3)    
Subsection (2) does not apply in relation to:

(a)    section 54 (Tribunal can exercise powers of decision-maker); or

(b)    section 85 (Tribunal may remit decision to decision-maker for reconsideration); or

(c)    section 105 (Tribunal decision on review of reviewable decision); or

(d)    section 108 (effect of Tribunal decision to vary or substitute a reviewable decision); or

(e)    section 163 (security clearance decisions).